ELR Citation: 55 ELR 20134
No(s). 23-1333 (D.C. Cir. Sep 19, 2025)

The D.C. Circuit denied a petition to review FERC orders declaring the Commission would take no action to prevent construction or operation pending its review of license applications for a new pipeline in Puerto Rico. Environmental groups argued the orders effectively authorized construction and operation of the pipeline without addressing substantive requirements imposed by the Natural Gas Act (NGA) or performing the environmental review required by NEPA. FERC responded that the orders reflected an unreviewable exercise of enforcement discretion. The court agreed, finding FERC's statement did not authorize construction and operation of the pipeline, but rather announced that it would not seek "to prevent" its construction and operation, and the Commission confirmed that an NGA §3 authorization proceeding remained pending. It denied the petition.